Tala Murmu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74018 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.
Tala Murmu S/O Jhanja Murmu Resident Of Kasimpur, P.S- Hemtabad, District-North Dinajpur, State-West Bengal 2.
Tarak Tarafdar S/O Bishwanath Tarafdar Resident Of Kasimpur, P.SHemtabad, District-North Dinajpur, State-West Bengal ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Maheshkhunt P.S. Case No. 149 of 2023 registered for the offence under Sections 188, 420, 467, 468, 491, 482/34 of Indian Penal Code and Section 30(a), 32(i)(ii) and 41 of Bihar Prohibition and Excise (Amendment) Act 2022.
3. As per the prosecution case, 1471.5 liters of foreign liquor has been recovered from the vehicle in question.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.74018 of 2023(2) dt.29-11-2023 2/3 case. Petitioners are the driver and helper of the alleged truck. Petitioners claim clean antecedent and they are in custody since 22.07.2023.
5. Learned counsel for the petitioners submits that petitioners are ready to donate Rs.50,000/- (Rupees Fifty Thousand Only) in some charitable organization without accepting the allegation.
6. Learned A.P.P. has vehemently opposed the prayer for bail.
7. Considering the aforesaid facts, this application for regular bail is allowed.
8. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II-cum-Additional Sessions Judge-IV Khagaria/concerned court below in connection with Maheshkhunt P.S. Case No. 149 of 2023 subject to condition that:- 8(i) The petitioners shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) in Ramkrishna Mission Ashrama, Purnia and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be
Patna High Court CR. MISC. No.74018 of 2023(2) dt.29-11-2023 3/3 accepted after verifying the genuineness of the receipt produced by the petitioners.
(Sandeep Kumar, J) Shishir/- U T